La. Admin. Code tit. 33 § XV-1519

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-1519 - Advance Notification of Shipment of Irradiated Reactor Fuel and Nuclear Waste

A. As specified in Subsections B, C, and D of this Section, each licensee shall provide advance notification to the governor, or to the governor's designee, of the shipment of licensed material, within or across the boundary of Louisiana, before the transport, or delivery to a carrier for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.

1. As specified in Subsections B, C, and D of this Section, after June 11, 2013, each licensee shall provide advance notification to the tribal official as defined in LAC 33:XV.102 of participating tribes referenced in Subsection A of this Section, or the officials designee, of the shipment of licensed material, within or across the boundary of the tribes reservation, before the transport, or delivery to a carrier for transport, of licensed material outside the confines of the licensees plant, or other place of use or storage.

B. Advance notification is also required for shipments of licensed material, other than irradiated fuel, meeting the following three conditions:

1. the licensed material is required to be in Type B packaging for transportation;

2. the licensed material is being transported to or across the boundary of the state en route to a disposal facility or to a collection point for transport to a disposal facility; and

3. the quantity of licensed material in a single package exceeds the least of the following:

a. for special form radioactive material, 3000 times the A i value of the radionuclides as specified in Table A -1 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC 33:XV.1599.A;

b. for normal form radioactive material, 3000 times the A 2 value of the radionuclides as specified in Table A -1 of 10 CFR Part 71, Appendix A, incorporated by reference in LAC33:XV.1599.A;or

c. 1000 TBq (27,000 Ci).

C. The following procedures shall be used to submit advance notification.

1. The notification shall be made in writing to the office of each appropriate governor or to the governor's designee, the office of each appropriate tribal official or tribal official's designee, and to the department.

2. A notification delivered by mail must be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

3. A notification delivered by any means other than mail shall reach the office of the governor or the governor's designee or the tribal official or tribal official's designee at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

a. Reserved.

b. Contact information for each state, including telephone and mailing addresses of governors and governors' designees, and participating tribes, including telephone and mailing addresses of tribal officials and tribal official's designees, is available on the NRC website at: https://scp.nrc.gov/special/designee.pdf.

c. A list of the names and mailing addresses of the governors' designees and tribal officials' designees of participating tribes is available on request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

4. The licensee shall retain a copy of the notification as a record for three years.

D. Each advance notification of shipment of irradiated reactor fuel cr nuclear waste shall contain the following information:

1. the name, address, and telephone number of the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear waste shipment;

2. a description of the irradiated reactor fuel or nuclear waste contained in the shipment, as specified in the regulations of U.S. DOT in 49 CFR 172.202 and 172.203(d);

3. the point of origin of the shipment, and the seven-day period during which departure of the shipment is estimated to occur;

4. the seven-day period during which arrival of the shipment at the boundary of the state or tribal reservation is estimated to occur;

5. the destination of the shipment, and the seven-day period during which arrival of the shipment is estimated to occur; and

6. a point of contact, with a telephone number, for current shipment information.

E. A licensee who finds that schedule information previously furnished to the governor or to the governor's designee or a tribal official or tribal official's designee, in accordance with this Section, will not be met shall telephone a responsible individual in the office of the governor or of the governor's designee or the tribal official or tribal official's designee and inform that individual of the extent of the delay beyond the schedule originally reported. The licensee shall maintain a record of the name of the individual contacted for three years.

F. Each licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send a cancellation notice to the governor of each state or to the governor's designee previously notified, each tribal official or to the tribal official's designee previously notified, and to the department. The licensee shall state in the notice that it is a cancellation and identify the advance notification that is being canceled. The licensee shall retain a copy of the notice as a record for three years.

La. Admin. Code tit. 33, § XV-1519

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1269 (June 2000), LR 26:2602 (November 2000), amended by the Office of Environmental Assessment, LR 30:2029 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2537 (October 2005), LR 33:2190 (October 2007), LR 34:2111 (October 2008), amended by the Office of the Secretary, Legal Division, LR 40:1928 (October 2014), LR 41:2325 (November 2015), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 442139 (12/1/2018), Amended by the Office of the Secretary, Legal Affairs Division, LR 4962 (1/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2104.B and 2113.